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Can My husband take me off the house deed ?

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serenityskies

Junior Member
What is the name of your state (only U.S. law)? Florida .
When I was married my NOW ex husband removed my name from the house deed without me knowing can this be done ? he also told me not to return to the house and live on the street ! stayed three weeks in a hotel now living with friends . We have three children he wont let me see also we have joint custody . I had a time frame he told me to leave the family home ,,, I did go over it but I was at a four day interview in Arizona on rturning he packed my items up it took me three weeks for police to retrieve them . ive filed comtempt of court for him keeping my children away . He said the house is his and im not on the deed so i was to leave by the date he set . No idea untill now his plans all my items are still in the home. hes an ex pro basketball player converted muslim and said if I divorce him I divorce my children . Brief history hes black im white hes a celeb im not . he did the same dirty trick to his ex wife . Im stuck here living with friends fighting to see my children. I had fourteen years of mental n financil physical abuse this man is two different people. hes getting away with so much because of who he is . hes not supporting me he left me broke. NOTHING. If you read my previous post his girlfriends boss initiated me to have a breakdown and lost my job the only secure thing I have in this country . Im swedish. permanent resident. I just feel lost. hes got away with so much.
 


ecmst12

Senior Member
No, he can't take your name off the deed without your consent. You need to hire a lawyer, ASAP, tomorrow. He can't lock you out of the marital home, either. You have as much right to be there as he does. You are going to get taken for a ride if you don't get yourself represented.
 

tuffbrk

Senior Member
I'm not so sure about that as the OP wrote -

When I was married my NOW ex husband removed my name from the house deed without me knowing can this be done ?
The issue with ownership of the home should also have been completed prior to the divorce. So far as removing your name, the mortgage company should have required proof that you were divorced at the time he removed your name from the house deed. What was the timeframe that your name was removed? While you were still married or after the divorce?

What does your decree say about the house?

Custody and visitation should have been completed prior to the divorce.

Did you have an attorney?
 

FlyingRon

Senior Member
The mortgage company can't change the deed no matter WHAT the divorce decree says. The mortgage company will almost never change the loan based solely on the divorce decree. It will require BOTH the person assuming sole responsibility for the loan to requalify as WELL as having the other owners execute a deed to remove them at or before they will close.
 

mistoffolees

Senior Member
The mortgage company can't change the deed no matter WHAT the divorce decree says. The mortgage company will almost never change the loan based solely on the divorce decree. It will require BOTH the person assuming sole responsibility for the loan to requalify as WELL as having the other owners execute a deed to remove them at or before they will close.
We're talking about the title, not the loan.

In every case I've seen the title company requires the person to sign a quit claim deed before removing their name from the title. I believe that a court order can remove someone's name from a title without their signature, although most courts simply order the person to sign a quit claim.

However, that's apparently not what happened. OP claims that her name was removed from the deed without her knowledge. The court would not issue an order removing her without her being notified. So if what OP claims is true, then ex committed fraud by telling the court that she couldn't be notified - and a good attorney should be able to get it reversed.
 

tuffbrk

Senior Member
I agree that there generally needs to be an acknowledgement from the party being refinanced off the mortgage.
 

serenityskies

Junior Member
THANKYOU . HE TOOK MY NAME OFF ONE YEAR BEFORE THE DIVORCE WITHOUT MY KNOWLEDGE AND SAID THE HOUSE WAS HIS . I LEFT THE HOUSE FOR A FEW WEEKS BECAUSE OF ABUSE AND HE SAID I ABANDONED THE PROPERTY WHICH WASNT THE CASE. THE POLICE WOULDNT LET ME BACK IN THE HOUSE ( POLICE FRIENDS OF HIS ) ALREADY ADDRESSED THIS . THEN i WENT HIGHER AND A POLICE SGT GOT ME BACK INTO THE HOUSE BY BREAKING A WINDOW THIS WAS WHEN WE WERE MARRIED. HE TRIED ALL HE COULD TO JUST MAKE ME HOMELESS . THIS MAN IS AN EX PRO BASKETBALL NBA PLAYER . I AM DIVORCED NOW WITH NOTHING HE KICKED ME OUT OF THE FAMILY HOME AND IVE BEEN LIVING WITH FRIENDS JOINT CUSTODY AND NO VISITATION FILED PAPERS ON HIM. OUR CHILDREN ARE WITH HIM AND HIS NEW GIRLFRIEND LIVING IN OUR HOME . IM SWEDISH HAVE NO FAMILY OR MONEY AS HE SAID I DIVORCED HIM . BASICALLY IM HOMELESS NOW. HES MUSLIM BLACK AMERICAN AND HAS HIS OWN RULES. JUST LOST FOR WORDS BUT WILL FIGHT ALL I CAN FOR MY CHILDREN. WHO I HOME SCHOOLED FOR FIVE YEARS AND ALL HONOUR STUDENT. IM SICK TO MY STOMACH NOT KNOWING WHICH WAY TO TURN. I HAD NO ATTORNEY AS HE MADE SURE I NEVER HAD ANY MONEY I HAD TO EMPTY MY BANK EVERY WEEK AND BORROW CHECKS TO GO MONEY ADVANCED PAY OR HE WOULD KICK ME TO THE STREET. WHICH HE EVENTUALLY DID .
 

FlyingRon

Senior Member
We're talking about the title, not the loan.
Exactly, as I stated in my first sentence. The bank can't change the tittle PERIOD. I mention the mortgage only because people are often confused and start talking about deeds and mortgages as if they are interchangeable.

In every case I've seen the title company requires the person to sign a quit claim deed before removing their name from the title.
They'd have to execute some sort of deed. I got my wife's ex to sign a special warranty deed on the house they co-owned.
I believe that a court order can remove someone's name from a title without their signature, although most courts simply order the person to sign a quit claim.
A mortgage company can not do that.
 

Ohiogal

Queen Bee
THANKYOU . HE TOOK MY NAME OFF ONE YEAR BEFORE THE DIVORCE WITHOUT MY KNOWLEDGE AND SAID THE HOUSE WAS HIS . I LEFT THE HOUSE FOR A FEW WEEKS BECAUSE OF ABUSE AND HE SAID I ABANDONED THE PROPERTY WHICH WASNT THE CASE. THE POLICE WOULDNT LET ME BACK IN THE HOUSE ( POLICE FRIENDS OF HIS ) ALREADY ADDRESSED THIS . THEN i WENT HIGHER AND A POLICE SGT GOT ME BACK INTO THE HOUSE BY BREAKING A WINDOW THIS WAS WHEN WE WERE MARRIED. HE TRIED ALL HE COULD TO JUST MAKE ME HOMELESS . THIS MAN IS AN EX PRO BASKETBALL NBA PLAYER . I AM DIVORCED NOW WITH NOTHING HE KICKED ME OUT OF THE FAMILY HOME AND IVE BEEN LIVING WITH FRIENDS JOINT CUSTODY AND NO VISITATION FILED PAPERS ON HIM. OUR CHILDREN ARE WITH HIM AND HIS NEW GIRLFRIEND LIVING IN OUR HOME . IM SWEDISH HAVE NO FAMILY OR MONEY AS HE SAID I DIVORCED HIM . BASICALLY IM HOMELESS NOW. HES MUSLIM BLACK AMERICAN AND HAS HIS OWN RULES. JUST LOST FOR WORDS BUT WILL FIGHT ALL I CAN FOR MY CHILDREN. WHO I HOME SCHOOLED FOR FIVE YEARS AND ALL HONOUR STUDENT. IM SICK TO MY STOMACH NOT KNOWING WHICH WAY TO TURN. I HAD NO ATTORNEY AS HE MADE SURE I NEVER HAD ANY MONEY I HAD TO EMPTY MY BANK EVERY WEEK AND BORROW CHECKS TO GO MONEY ADVANCED PAY OR HE WOULD KICK ME TO THE STREET. WHICH HE EVENTUALLY DID .
This should have been dealt with during the divorce then. The fact that you are now finally divorced means you have NO CAUSE OF ACTION as this was a marital property issue.
 

Ohiogal

Queen Bee
Exactly, as I stated in my first sentence. The bank can't change the tittle PERIOD. I mention the mortgage only because people are often confused and start talking about deeds and mortgages as if they are interchangeable.


They'd have to execute some sort of deed. I got my wife's ex to sign a special warranty deed on the house they co-owned.

A mortgage company can not do that.
Actually a COURT can order that deeds and such are transferred and if the one to transfer refuses then the paperwork can state that it is to be used as permission. It is standard language in many places.

The issue is that this happened before the divorce. Maybe after the OP overdosed on drugs (while denying she has EVER abused drugs). Her credibility is not the best. She may not have been on the title to begin with quite frankly. But such things are public record. If she wants to hire an attorney she could.
 

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